Design Right

What is a design right?

A design right is an exclusive right with which one can protect the appearance of an industrial or handicraft product and thus exclude others from manufacturing and selling a product having a similar appearance.

How can I get a design right?

The most reliable and longest protection can be obtained by registration. A certain protection can also be obtained for unregistered designs but only for three years and practically only against direct copying. The enforcement of an unregistered design right may also involve difficulties in evidence gathering. Therefore, it is always advisable to apply for a registration for a design.

Why should I register a design?

A design registration is clear evidence of the fact that the owner has an exclusive right to the appearance of the product. No one else than the owner is entitled to commercially utilize the design without his consent.

How do I apply for a design registration?

A design application containing the title of the design and photographs or drawings of the design itself is filed at a national or regional office of the country or territory (European Union) in which the design shall be protected. The office examines the requirements for the registration of the design, i.e. novelty and individuality, and decides whether the design will be accepted or rejected.

Why should I employ an attorney?

The protection and defence of a design contains many aspects that require special expertise from an attorney in order to achieve the desired outcome. An attorney is a professional who is able to assist in all of the often complicated procedures related to design registrations. He or she will consider various alternatives and will take care of the prosecution before the offices of Finland and European Union (the OHIM). Elsewhere in the world, the attorney cooperates with foreign attorneys.

What is meant by priority?

Priority is based on the Paris Convention, according to which the applicant has six months from the filing of the first design application to file a design application for the same design in other countries that are members of the Convention. This way, the filing date of the first application is considered as the beginning of the protection period also in other countries. Thus, the applicant has six months to decide whether the same design will also be protected in foreign countries. Almost all countries of the world - with a few exceptions - recognize priority.

How long does it take to obtain a design registration?

The examination period of a design application varies between different offices. In Finland as well as in the OHIM, the examination takes approximately 6-7 months. In other countries, the examination procedure may last considerably longer.

For how long is a design registration in force?

A design registration is in force for five years at a time. The registration can be renewed at intervals of five years so that the maximum protection period is 25 years. However, the protection period of spare parts is 15 years at the most.

What is a European Community Design?

A European Community Design is a design registered by the Office for Harmonization in the Internal Market (the OHIM) and it is in force in the entire European Union, currently incorporating 27 member states (situation 05/2007). The European Design Registration is applied for with a single application before the OHIM located in Alicante, Spain.

What is the 12-month grace period?

Earlier, a design could not be registered if the design had become public prior to the filing date of the design application. However, the Registered Designs Act was amended on 1 August 2002 so that the creator of the design (or his or her successor in title) can publish the design, for example by using the product, twelve months before the filing of the application without losing the right to design registration. For safety’s sake, it is, however, recommendable to apply for a registration first and publish the design thereafter.